Effective Strategies for States to Fulfill Their IHL Dissemination Duties

When countries ratify the Geneva Conventions, they don’t just agree to follow the rules during armed conflict-they commit to a proactive duty that extends far beyond the battlefield. States must ensure that both their armed forces and civilian populations understand international humanitarian law. This obligation isn’t a suggestion or a best practice; it’s a binding legal requirement that forms the foundation of IHL compliance.

The legal foundation of dissemination obligations 🔗

All four Geneva Conventions establish that states must disseminate IHL texts widely in peacetime and wartime, ensuring the principles become known to armed forces and the entire population. This treaty-based obligation reflects a straightforward principle: knowledge of the law is essential for its respect. Additional Protocol I strengthens this requirement by specifying concrete measures states must take in peacetime, while Additional Protocol II extends the obligation to non-international armed conflicts.

The duty goes beyond simply making legal texts available. States must actively integrate IHL education into military instruction programs and, where possible, into civil instruction. Under Common Article 1 of the Geneva Conventions, states must not only respect IHL themselves but also ensure respect by others, creating both internal and external dimensions to their obligations.

Dissemination strategies for armed forces 🔗

For military personnel, IHL education must be systematic, comprehensive, and integrated throughout their careers. States have established mechanisms to integrate IHL into military training at multiple levels, from basic recruit instruction to advanced courses for senior officers.

Integrating IHL into military instruction programs 🔗

Incorporating IHL study into military training programs represents the fundamental measure for making the law known to armed forces, who bear primary responsibility for its application. This integration takes various forms across different military systems. Some countries conduct dedicated IHL courses during basic training, while others embed IHL principles throughout operational training exercises.

The United States disseminates IHL through comprehensive documentation like the Department of Defense Law of War Manual, which serves as the authoritative statement on IHL within the armed forces. Switzerland requires all armed forces members to pass introductory IHL courses and receive special instruction as part of operational training, with legal advisers assigned at various command levels.

Training at different command levels 🔗

Effective dissemination recognizes that different ranks require different depths of knowledge. Basic soldiers need fundamental principles and rules of engagement, while non-commissioned officers require additional training on command responsibilities and preventing violations. Officers must understand IHL’s role in operational planning, command responsibilities, and the moral dimensions of the law.

Nepal’s experience demonstrates successful implementation. Following sustained interaction with the ICRC, the Royal Nepalese Army integrated IHL into standard training for personnel at every level in 1997, which became a legal requirement under the 2006 Army Act.

The role of legal advisers 🔗

Additional Protocol I requires states to ensure that legal advisers are trained to assist commanders in applying the Geneva Conventions and advising them on appropriate instruction for armed forces. These advisers play a crucial role not just in providing legal opinions but in embedding IHL considerations into military decision-making processes.

Reaching civilian populations 🔗

While military dissemination receives significant attention, spreading IHL knowledge among civilians is equally imperative. States enjoy greater flexibility in how they fulfill this aspect of their obligation, but certain target groups require focused attention.

Education for legal professionals and academics 🔗

IHL instruction should be stepped up in universities, specifically in law faculties, where future lawyers, judges, and policymakers receive their education. Universities function as hubs where IHL information and ideas are shared and discussed, making them key actors in implementation.

Academic institutions across South Asia have partnered with the ICRC to incorporate IHL into legal education through curriculum development, faculty training, and resource provision. Regional initiatives like the South Asian Teaching Session on IHL bring together law professors for intensive training on teaching methodologies, creating networks of experts who further disseminate knowledge within their institutions.

Training for media personnel 🔗

The ICRC develops dissemination programs and teaching materials for media circles, recognizing that journalists shape public understanding of armed conflicts. Media professionals receive protection as civilians under IHL, but they also need specialized knowledge to accurately report on conflicts without perpetuating misunderstandings about war crimes or violations.

Media training programs focus on helping journalists understand the principle of distinction, protected persons and objects, and the difference between lawful military operations and IHL violations. This knowledge enables more accurate reporting that can itself contribute to IHL compliance by creating public awareness and accountability.

Public officials and government authorities 🔗

Public authorities responsible for IHL application should receive primary instruction. This includes civilian officials who may assume responsibilities regarding protected persons during conflicts, such as those managing internment facilities or overseeing prisoner treatment. Medical personnel also require training commensurate with their activities, given their special protections and responsibilities under IHL.

Practical implementation methods 🔗

States employ various methods to discharge their dissemination duties effectively. Mixed training methods combining briefings, classroom discussions, case studies, and practical field exercises prove most effective in inculcating norms of restraint.

Translation and accessibility 🔗

Translating IHL instruments into national languages constitutes a first step toward implementation. Making texts accessible in languages that military personnel and civilians actually speak ensures the law can be understood and applied.

Integration into military doctrine and manuals 🔗

Armed forces must integrate IHL throughout their military doctrine, education, training, and decision-making processes. This means incorporating IHL into military handbooks, field manuals, rules of engagement, and operational exercises. The integration approach recognizes that merely teaching legal norms doesn’t necessarily change attitudes or behavior-IHL must become part of military culture and identity.

Frequency and continuity 🔗

Training should be repeated at regular intervals given personnel turnover and the need to refresh knowledge. Many countries require annual training for all military personnel, with additional refresher courses before deployment. This repetition helps anchor respect for humanitarian principles.

Support from international organizations 🔗

While states bear primary responsibility for dissemination, they don’t work alone. The ICRC maintains working dialogue with armed forces worldwide to ensure they know and apply IHL, deploying specialized delegates to support dissemination efforts in various regions.

National Red Cross and Red Crescent Societies play a significant role in spreading knowledge of the Geneva Conventions and assisting governments in fulfilling their obligations. These organizations provide training materials, conduct public awareness campaigns, and work with educational institutions to integrate IHL into curricula.

What do you think? How can states better balance the need for practical, scenario-based military training with ensuring all personnel understand the underlying humanitarian principles of IHL? What role should civilian institutions play in holding their governments accountable for fulfilling dissemination obligations?

References

1. https://www.icrc.org/sites/default/files/external/doc/en/assets/files/other/obligation_to_disseminate.pdf
2. https://www.losservatorio.org/en/what-we-do/projects/item/1279-dissemination-of-international-humanitarian-law
3. https://reliefweb.int/report/world/common-article-1-geneva-conventions-and-obligation-prevent-international-humanitarian
4. http://opiniojuris.org/2020/10/08/training-armed-forces-in-ihl-just-a-matter-of-law/
5. https://www.dcaf.ch/sites/default/files/publications/documents/PolicyPaperIHL_Training_EN.pdf
6. https://rcrcconference.org/app/uploads/2024/07/20240711-33rd-IC-US-Pledge-Report-FINAL_SUBMITTED.pdf
7. https://ihl-in-action.icrc.org/case-study/nepal-ihl-training-nepalese-army
8. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5928515
9. https://www.redcross.org.uk/-/media/documents-indexed/ihl-handbook-media-professionals.pdf
10. https://www.icrc.org/en/article/swirmo-building-ihl-military-planning-operational-practices
11. https://www.icrc.org/en/doc/what-we-do/building-respect-ihl/dialogue-weapon-bearers/armed-forces/overview-armed-forces.htm